Tier Waiver System-
Suggestions for Surving the Tiers
The Tiers proposed Rule

Sent: Friday, March 21, 2008 9:11 PM

Subject: FCCF - The Tiers proposed Rule

Patty Houghland

FCCF chairperson



65G-4.0021 Tier Waivers

(1) The Agency for Persons with Disabilities will assign clients of home and community-based waiver services
for persons with developmental disabilities to one of the four Tier Waivers created by section 393.0661, Florida
Statues (2007).  The Agency will determine the Tier Waiver for which the client is eligible and assign the client
to that waiver based on the developmental disabilities waiver criteria and limitations provided in Chapters 393
and 409, F.S., Rule Chapter 59G-13, F.A.C., and this rule Chapter and the Agency's evaluation of the following
information:

(a)       The client's level of need in functional, medical, and behavioral areas, as determined through Agency
evaluation of client characteristics, the Agency approved assessment process, and support planning
information;

(b)       The client's service needs as determined through the Agency's prior service authorization process to be
medically necessary;

(c)        The client's age and the current living setting; and

(d)       The availability of supports and services from other sources, including natural and community supports.

(2) The services described by the Developmental Disabilities Waiver Services Coverage and Limitations
Handbook, July 2007 (hereinafter referred to as the "DD Handbook"),  adopted by Rule 59G-13.080, F.A.C. and
incorporated herein by reference, are available to clients of the Developmental Disabilities Waiver (hereinafter
called "the Tier One Waiver"), the Developmental Disabilities Tier Two Waiver (hereinafter called "the Tier Two
Waiver"), and Developmental Disabilities Tier Three Waiver (hereinafter called "the Tier Three Waiver").  The
following services described in the DD Handbook are available to clients assigned to the Tier Four Waiver
(presently known as The Family and Supported Living Waiver):

(a) Adult Day Training;

(b) Behavior Analysis;

(c) Behavior Assistance;

(d) Consumable Medical Supplies;

(e) Durable Medical Equipment;

(f) Environmental Accessibility Adaptations;

(g) In-Home Support Service;

(h)  Personal Emergency Response System;

(i) Respite Care;

(j) Support Coordination;

(k) Supported Employment;

(l) Supported Living Coaching; and

(m)  Transportation.   

(3)  The total billings in any quarter of the state's fiscal year for any service a client is authorized to receive
shall not exceed twenty-five percent (25%) of the total annual cost plan budget for that service.

      (4)  For all Tiers client must utilize all available State Plan Medicaid services including, but not limited to,
personal care assistance, therapies, and medical services, that duplicate the waiver services proposed for the
client.  A client shall not be provided waiver services that duplicate available State Plan Medicaid Services
including, but not limited to, personal care assistance, therapies, and medical services.

(5)  The Agency will review a client's tier eligibility when a client has a significant change in circumstance or
condition that impacts on the client's health, safety, or welfare or when a change in the client's plan of care is
required to avoid institutionalization.  The information identifying and documenting a significant change in
circumstance or condition that necessitates additional or different services must be submitted by the client's
Waiver Support Coordinator to the appropriate Agency Area office for determination.   

(6)  This rule shall take effect July 1, 2008.



65G-4.0022 Tier One Waiver.

(1) The Tier One Waiver is limited to clients that the Agency has determined meet at least one of the following
criteria:

(a) The client's needs for medical or adaptive services cannot be met in Tiers Two, Three, and Four and are
essential for avoiding institutionalization, or

(b) The client possesses behavioral problems that are exceptional in intensity, duration, or frequency with
resulting service needs that cannot be met in tiers Two, Three, and Four, and the client presents a substantial
risk of harm to themselves or others.

(2)    Clients living in a licensed residential facility receiving any of the following services shall be assigned to
the Tier One Waiver:

(a) Intensive behavioral residential habilitation services;

(b)  Behavior focus residential habilitation services at the moderate or above level of support; or

(c)  Standard residential habilitation at the extensive 1, or higher, level of support; or

(d) Special medical home care.

      (3) Nursing service needs that can be met through the Tier Two, Tier Three, or Tier Four Waivers are not
"services" or "service needs" that support assignment to the Tier One Waiver.

      (4)  This rule shall take effect July 1, 2008.

        

      65G-4.0023 Tier Two Waiver.         

The total budget in a cost plan year for each Tier Two Waiver client shall not exceed $55,000.  The Tier Two
Waiver is limited to clients who meet the following criteria:  

(1) The client's service needs include placement in a licensed residential facility and authorization for greater
than five hours per day of residential habilitation services; or

      (2) The client is in supported living and is authorized to receive more than six hours a day of in-home
support services.

      (3)  This rule shall take effect July 1, 2008.



      65G-4.0024 Tier Three Waiver.



(1) The total budget in a cost plan year for each Tier Three Waiver client shall not exceed $35,000.  A client
must meet at least one of the following criteria for assignment to the Tier Three Waiver:

       (a) The client resides in a licensed residential facility and is not eligible for the Tier One Waiver or the Tier
Two Waiver;  or

      (b) The client is 21 or older, resides in their own home and receives Live-in In-Home Support Services
and is not eligible for the Tier One Waiver or the Tier Two Waiver; or

(c) The client is 21 or older and is authorized to receive Personal Care Assistance services at the moderate
level of support as defined in the DD Handbook.

      (d)  The client is 21 or older and is authorized to receive Skilled or Private Duty Nursing Services and not
eligible for the Tier One Waiver or the Tier Two Waiver; or

      (e)  The client is 22 or older and is authorized to receive services of a behavior analyst and/or a behavior
assistant.

      (f) The client is under the age of 22 and authorized to receive the combined services of a behavior analyst
and/or a behavior assistant for more than 60 hours per month and is not eligible for the Tier One Waiver or the
Tier Two Waiver.

      (g)  The client is 21 or older and is authorized to receive at least one of the following services:

                  (i)  Occupational Therapy; or

                  (ii)  Physical Therapy; or

                  (iii)  Speech Therapy; or

                  (iv)  Respiratory Therapy.

                  (2)  This rule shall take effect July 1, 2008.

      65G-4.0025 Tier Four Waiver.

(1)       The total budget in a cost plan year for each Tier Four Waiver client shall not exceed $14,792 per year.
  

(2)       Clients who are not eligible for assignment to the Tier One Waiver, the Tier Two Waiver, or the Tier
Three Waiver shall be assigned to the Tier Four Waiver.  The criteria for the Tier 4 Waiver includes, but is not
limited to:

(a) Clients who are currently assigned to receive services through the Family and Supported Living Waiver
unless there is a significant change in condition or circumstance as described in section 65G-40021(4); or

(b) Clients who are under the age of 22 and residing in their own home or the family home, or

(c) Clients who are dependent children who reside in residential facilities licensed by the Department of
Children and Families under 409.175 F.S..;


      (3)  This rule shall take effect July 1, 2008.
Tiers Tips

Suggestions For Surviving The Tiers

Questions, Concerns, Information? Go to Our Message Boards

1. Understand how you got into your assigned tier. Read More About How Tiers Are Assigned

2. If you believe that you should qualify for a higher tier, understand that you have the right to appeal that assignment
within 10 days after you receive your Tier assignment letter. If you do so within ten days, your services will continue.
You can also file up to 30 days after receipt of your letter, but then your services will be discontinued.

3. Kathleen, a lawyer working with Arc Nature Coast clients gave these suggestions. Keep the envelope that your tier
letter came in as proof of when you got it. If you are contesting your tier, do not sign a new cost plan.

4. Be aware that eliminating high cost services such as behavior analyst, occupational therapy, physical therapy, speech
therapy, and respiratory therapy from your cost plan could result in you being placed in a lower tier. Dropping certain
services could move you into tier 4.

5. Understand that it will be easier to move down a tier than to move up a tier.

6. Be creative in cutting costs. For example, you might consider using the companion 1-2 or 1-3 staffing option. It saves
money, and might open the door for new friendships.

7. Find out if there are any alternative funding sources available. Medicaid and Medicare are sometimes an option. For
example, Medicaid is responsible for covering the cost of PCA for people under the age of 21

8. If you are in tier 4, make sure your provider is enrolled as a tier 4 (formerly FSL) provider. They will need to have a
certificate with a 98 number at the end. The main certificate has a 96 number at the end. If your provider is not enrolled
in this waiver, they will NOT get paid.

9. Tier 4 does not include companion or PCA services. You can request that companion and /or PCA be replaced with in
home supports.

10. Don't give up!



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By Now You Should Have Gotten Your Tier Letter.

It is my understanding that all of the tier letters have been sent out. Contact your support coordinator to learn more
about your assigned tier. Your support coordinator will be able to tell you whether or not you will need to adjust your
services.

Read More About How Tiers Are Assigned

Not everyone will need to cut their services. The Agency for Persons With Disabilities (APD) has stated that about 7500
people will be affected.

A huge concern right now is people going into tier 4. It's a concern, not only due to the low spending cap, but also
because many people are discovering that their providers are not enrolled to provide services for the tier 4 waiver
(formerly FSL waiver). Also, some services such as dental and medication review are not covered.

Personal Care Assistance (PCA) For People Under 21

People Under The Age of 21 and PCA- If you are under the age of 21, and in a waiver with a spending cap, the cost for
your PCA service WILL NOT be counted towards your capped spending. (The reason is that funding responsibilities for
PCA services for individuals under the age of 21 has been shifted to Medicaid State Plan.)

Tier 4 Example-

Tier 4 Cap is $14,792

-Your PCA costs $10,000 per year
-Your other services combined cost $12,000 per year.
- Even though your services cost $22,000 per year- you are still ok. Why? Because they are not counting the cost of
your PCA at this time towards your spending cap.

Eventually, PCA for people under 21 will be completely transitioned to the medicaid state plan, and you will no longer
see it on your medicaid waiver cost plan.

To understand this better, we encourage you to read
Approving services for people under 21 who receive personal care assistance services
You will find the topic about half way down the page.


Need Help Through This Process?

Understanding the tiers is not an easy thing. When you find out that your services might be cut- it's tempting to want to
go right to the top and call Jim DeBeaugrine himself. A better option, if you need help from APD, is to call
1-866-APD-CARES (1-866-273-2273)
Please remember to talk to your support coordinator first. Your support coordinator needs to know your concerns.

There are many organizations out there willing to assist and give information. Contact Them.

1.
The ARC of Florida

The ARC's around Florida are making a very strong effort to help make sure that people get the support and services
they need.

Suggestions From ARC and Links:

When and if you receive a Notice of Tier Assignment, you have the right:
TO CHALLENGE YOUR TIER ASSIGNMENT
TO REFUSE TO CHANGE YOUR SUPPORT PLAN TO REDUCE YOUR SERVICES
TO REQUEST AN ADMINISTRATIVE HEARING and
TO HAVE YOUR SERVICES CONTINUE IF YOU REQUEST AN ADMINISTRATIVE HEARING WITHIN 10 DAYS. (source- ARC)

WHAT ARE THE TIERS?

WHAT SHOULD I DO REGARDING MY TIER ASSIGNMENT?

FILING FOR A DUE PROCESS HEARING IN REGARDS TO YOUR TIER ASSIGNMENT

TIERS ADMINISTRATIVE HEARING REQUEST

WHERE TO GET HELP

CLARIFICATIONS RELATED TO TIER ISSUES




2. The Advocacy Center

The Advocacy Center for Persons with Disabilities, Inc., www.advocacycenter.org
has instructions available to assist you regarding filing a petition and the hearing
process. It is in the form of a manual and is entitled “When They Don’t Play Fair,
Level the Playing Field.” Source

Advocacy Center, CARES team, 850-488-9071, 1-800-342-0823

3.
Family Care Council

The Family Care Council provides a very strong voice for families. From their website, "Family Care Council Florida
wants to go on record with the following comments on the TIER rule:
We did not have input to the Tiers and do not believe they serve individuals
with developmental disabilities well."
Read More

Family Care Council's have monthly meetings all around the state of Florida. They provide support and information.

Contact The Family Care Council and Ask About Their Meetings. Get Involved!!

Area 1:   (850) 432-1596
Area 2: No Listed Number
Area 3: (352) 328-4724
Area 4: 904-992-2440
Area 7: 407-823-6705
Area 8: 239-540-9288
Area 9: (561) 395-9451
Area 10: (954) 435-1604
Area 11: (305) 378-1336
Area 12: 386-445-1288
Area 13: (352) 753-1163
Area 14: 863-815-1163
Area 23/Suncoast: (727) 797-1549

If you are not sure of your district, call any district and they can help direct you to the correct person. Phone numbers
are taken from The Family Care Council's website. Write to
waiverinfo@aol.com if you have more up to date contact
information.

-----------------------------------------------------------------------------------

It's Never Too Late To Do the Right Thing
It's never to late to do the right thing. Very few people think that the tiers are a great idea. This is a plea, to our Florida
Legislators to rethink the tiers. I understand that the tiers are law, but as soon as possible, this law needs to be refined.
I am an optimist. I believe that our Florida legislators will listen if we can help them understand.

I put out an
informal survey, in which 574 people responded, only 14 people said the tiers are a "great idea".

Question: Tiers- Good Idea or bad idea?

Great idea! 14 responses 2.45%
Good idea, but poorly planned. 207 responses 36.25%
Bad idea 275 responses 48.16%
I don't know. 75 responses 13.13%

I completely understand that our Florida legislators are trying to cut costs and trying to improve the state's economy.
However, it is my opinion that the tiers are going to hurt a lot of people, and that a lot of money will be wasted on legal
fees.

What concerns me the most, is that people are not placed in tiers based on need, but instead on arbitrary factors such
as age, living situation, and previous services. In some cases, people are being penalized and put into a lower capped
tier for NOT using services (or a high amount of services), or for using natural resources to pay for their services.

In a desperate attempt to try to protect people with disabilities, many powerful advocacy groups are encouraging each
and every person who will need to cut services due to tier assignment, to request a due process hearing. In many
cases, the assigned tiers will force people to chose between services that have already been determined to be
"Medically Necessary".

Melanie Etters, communications director for APD, said, "People have a right to a fair hearing with an administrative law
judge who does not have the power to overturn the law, only to rule whether the law was applied correctly." Read or
LISTEN to this great story- Source

The bottom line is that laws can be changed. Please, Don't give up.

Melanie also stated, "We anticipate that we will have some individuals who will file for fair hearings. ... The law has been
passed and it’s been on the books for more than a year and so this effort will not change the law. The tiers will go into
effect on Oct. 15th.”

The tiers are great in theory- decide which services you need the most; cut back a little; understand how much your
services cost, and so on. But, Florida needs to slow down a little bit, and listen to the people. Only 2 percent of the
people I surveyed think the tiers are a great idea. Why is that? Legislators need to listen to the people, and find out.

I have spoken to some families that were put into tier 4, and will need to reduce their child's cost plan considerably. One
parent I spoke with told me that he feels like he is being penalized for not using services and for trying to save the state
money.

I have also spoken to support coordinators who also feel there is unfairness in the process. One support coordinator
feels horrible because in an attempt to save the state money, she used companion services for someone in supported
living. She told me that if she had used the in home support option, which is a similar service that costs more money,
her client's services would not be cut.

It is my opinion, that the way the tiers are being assigned actually ENCOURAGES people to use more services. It is back
to the "use it or lose it" theory. People are scared, and this is not helping to get people off the wait list.

Families, please contact your Florida legislators.

Contact Your Governor: Charlie.Crist@MyFlorida.com

Contact Your Senator: http://www.flsenate.gov/Legislators/index.cfm?Members=By+County

Contact Your Representatives: http://www.myfloridahouse.gov/Sections/Representatives/representatives.aspx

I know there are a lot of emails listed there. I understand it is confusing. When I first became involved in advocacy, I
was not sure who to write, so I just took a guess and wrote to the senator closest to my home. I just started talking to
anyone who would listen. I encourage each of you to do the same thing. Don't let fear keep you silent. Let your voice be
heard!

Aaron Nangle, WaiverProvider.Com

If you have more information, more accurate information, or more up to date information- please write me at
waiverinfo@aol.com so I can let others know.

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